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THE COUNCIL OF STATE GOVERNMENTS

MARCH 2017
CAPITOL RESEARCH
TRANSPORTATION POLICY

The State of Transportation Performance Management


Congress approved legislation in 2012 known as
Moving Ahead for Progress in the 21st Century, or
MAP-21, that not only provided two years of funding
for transportation programs and a variety of policy
changes after nearly three years of short-term exten-
sions but also set in motion a process that continues
today, even after minor tweaks were made in 2015s
five-year Fixing Americas Surface Transportation, or
FAST, Act. States and planning organizations have
been working with the Federal Highway Administra-
tion, or FHWA, to implement a performance-based
approach to the federal highway program.
Performance management will transform the Fed-
eral-aid highway program and provide a means to the
most efficient investment of Federal transportation
funds by refocusing on national transportation goals,
increasing the accountability and transparency of the
Federal-aid highway program, and improving project
decision making through performance-based planning
and programming, read the declaration of policy in
the law.
The law goes on to say that it is in the interest of
the United States to focus the program on seven
national goals, including: The law required promulgation of rules to establish
Safety: To achieve a significant reduction in traffic performance measures and standards not later than 18
fatalities and serious injuries on all public roads. months after MAP-21s July 2012 enactment. It required
the U.S. secretary of transportation to establish mini-
Infrastructure condition: To maintain the highway
mum standards for states to use in developing and
infrastructure asset system in a state of good repair.
operating bridge and pavement management systems
Congestion reduction: To achieve a significant reduc- and measures for states to use in assessing the condition
tion in congestion on the national highway system. of pavements on the interstate system and national
System reliability: To improve the efficiency of the highway system, the condition of bridges on the national
surface transportation system. highway system and the performance of the interstate
Freight movement and economic vitality: To improve and national highway systems. The secretary was also
the National Highway Freight Network, strengthen required to establish measures for states to use in
the ability of rural communities to access national assessing serious injuries and fatalities per vehicle mile
and international trade markets, and support regional traveled and the number of serious injuries and fatal-
economic development. ities, measures to assess traffic congestion and on-road
mobile source emissions, and measures to assess freight
Environmental sustainability: To enhance the perfor- movement on the interstate system.
mance of the transportation system while protecting In addition, the law required each state to set per-
and enhancing the natural environment. formance targets that reflect these measures not later
Reduced project delivery delays: To reduce project than one year after the promulgation of final rules.
costs, promote jobs and the economy, and expedite States were also required to submit a report to the U.S.
the movement of people and goods by accelerating secretary of transportation within four years of the
project completion through eliminating delays in the enactment of MAP-21 describing the condition and per-
project development and delivery process, including formance of the national highway system in the state,
reducing regulatory burdens and improving agencies the effectiveness of the investment strategy document
The Council of State Governments
work practices. in the state asset management plan for the national

1
Performance Management Final Rules Required by MAP-21
Rule
Final Rule
MAP-21 Rules Effective
Published
Date

Safety Performance Management Measures March 15, 2016 April 14, 2016

Highway Safety Improvement Program March 15, 2016 April 14, 2016

Statewide and Non-Metropolitan Transportation Planning;


May 27, 2016 June 27, 2016
Metropolitan Transportation Planning

Highway Asset Management Plans for the National Highway System Oct. 24, 2016 Oct. 2, 2017

Metropolitan Planning Organization Coordination and


Dec. 20, 2016 Jan. 19, 2017
Planning Area Reform

Pavement and Bridge Condition Measures on the


Jan. 18, 2017 March 21, 2017
National Highway System

Performance of the National Highway System,


Freight Movement on the Interstate System and Jan. 18, 2017 March 21, 2017
Congestion Mitigation and Air Quality Improvement Program

highway system, progress in achieving performance (how to) put us on an even plane and measure certain
targets and the ways in which the state is addressing aspects of our daily lives. But I will tell you that every
congestion at freight bottlenecks.1 state has performance measures and performance
On Jan. 18, 2017, just two days before the change in management beyond what is required by the federal
administrations, the Federal Highway Administration government.
published the final rules for the last two national per- Despite all the activity in recent years, performance
formance management measure regulations.2 That measurement and management in transportation are
milestone presents an opportunity to check in on how hardly recent developments. For some states, their
state departments of transportation and their partners experience goes back 20 years. That doesnt mean the
are faring in their efforts to implement a system with journey has always been smooth, said Walter Butch
the potential to improve transparency and account- Waidelich, who now serves as acting deputy adminis-
ability, project selection and states ability to make the trator of the Federal Highway Administration.
case for additional future funding as well as to achieve I do think at the national level where we struggled
significant gains in the areas the measures are designed was how do you tell that story with a level of consis-
to highlight. tency from state to state around the country at that
high level, Waidelich said.
Embracing Performance Management While the focus of most of the early performance
measurement efforts in the 1990s was on improving
at Transportation Agencies transportation operations, other outcomes have
At the Transportation Research Board annual meeting become more of the focus in recent years, said Emil
in Washington, D.C., in January 2017, two panels of Frankel, a senior fellow at the Eno Center for
transportation professionals weighed in on how well Transportation.
performance management has become ingrained in the The question I think were really beginning to
transportation community in the years since MAP-21. struggle with (in) MAP-21 and the rulemaking that has
I believe it has been embraced (over the last sev- gone on at the Federal Highway Administration (is)
eral years) and there is a better understanding of what how we measure whether or not investments are being
the goals of performance management are and the made and operational programs are being implemented
performance measures within those disciplines, said in a way to advance broader social, national and public
Mike Patterson, executive director of the Oklahoma purposes, he said. I think that has been more difficult
Department of Transportation. But there are still some for many state agencies and MPOs to get their arms
challenges to understand exactly at the federal level around. We have a long way to go in that regard.3

2 THE COUNCIL OF STATE GOVERNMENTS


How Transformational is There are a lot of variables other than just the
Performance Management? objective outputs of a performance management system
Transportation professionals say the evolution of that state and local decision makers have to take into
performance management has been transformational account and not the least of them is your legislature
in a variety of ways, including moving from a project and the expectations that they have and the fact that
focus to a system focus. in many states, still, theres an expectation that all parts
With the implementation of the new rules, we are of the state are going to share in the resources that are
seeing a cultural shift going from local decision-making available to a state, he said.
and looking at one (transportation) asset in isolation Wright pointed to his home state of Virginia, where
to actually a global, system-wide, lets put the system some might argue that spending transportation dollars
first and lets make decisions based on that first, said anywhere outside the population centers of Northern
Christos Xenophontos, assistant director at the Rhode Virginia and the Tidewater region is perhaps not the
Island Department of Transportation. For a lot of most efficient use of those dollars.
(state) DOTs, thats actually something new. We have But the political reality is youre never going to
been very one-dimensional in nature in thinking about manage a program that doesnt acknowledge that the
roads and bridges and a lot of times forgetting about rest of the state exists, Wright said. Just because the
other assets in that process. model says that this is where we should be investing
One positive side effect of that shift to a system-wide isnt necessarily going to be the decision that is always
focus is that it has brought additional transportation made within a state department of transportation or
stakeholders to the table and allowed them to better within a local government.
communicate with each other, explained Todd Lang, Enos Frankel believes thats perfectly OK and
director of transportation planning at the Baltimore improvement in transportation decision-making is still
Metropolitan Council, the metropolitan planning within the grasp of state officials as a result of perfor-
organization, or MPO, serving the Baltimore region. mance management.
Sometimes pavement was measured at a different Its been my own experience, particularly at the
level (between) state DOTs and local governments. state level, (that) its either a highly politicized pro-
Now were bringing in additional players such as cess or sometimes driven understandably by engineers
transit agencies and local governments into that pro- who are concerned about condition of bridges and
gram, said Lang. So I think what it does is it finally they understandably make proposals to deal with the
starts to have that across the board conversation at bridges in the worst condition even though it may
least in some key areas. not be the most important economically to the state,
Others note, however, that true transformation is he said. We can improve the process, I think, by
likely to take time and some transportation agencies will introducing better analytical tools, more effective uti-
proceed at their own pace and level of sophistication. lization of datareal-time data in terms of performance
I think were finally selling performance manage- of the systemso that we can make not perfect but
ment as a good business practice and I think more and better strategic decisions about where limited, scarce
more the state DOTs and MPOs understand now that investment resources are going.
its good business practice to measure performance and But Xenophontos of the Rhode Island Department
to use performance to guide their decision making, of Transportation has another concern about perfor-
said Bud Wright, executive director of the American mance-driven decision making. He said even though
Association of State Highway and Transportation states may have limited resources available, its impor-
Officials, or AASHTO. As with any cultural change, tant to continue to allocate funds across a variety of
its going to take time and its going to be inconsistent transportation assets.
across our 52 members.4 One of the biggest fears we have with the new rules
is unintentionally enforcing a worst first approach,
Performance Management Xenophontos said. Rhode Island ranks 50th among
50 states when it comes to the condition of our bridges.
and Decision-Making We know that is a priority. But sometimes when people
Indeed many are hopeful that better transportation compare you with other DOTs and want to know why
decision-making can be an important outcome of you are 50th in the country and there is that pressure
these efforts. to ignore other classes of assets in order to improve
Performance management isnt going to make bad more rapidly in one particular one. That is a fear not
decisions; people are, said FHWAs Waidelich. But just in Rhode Island. I think that is a fear that we share
my hope is with the increase in coordination with stake- (with other state) DOTs.5
holders involved and transparency well actually have It should be noted that the Ocean State has hopes
better decisions. Are they going to be perfect? No. of turning that 50 out of 50 ranking around in the years
(But) were going to work through this. ahead. In 2016, Rhode Island Gov. Gina Raimondo
Still, its unlikely that political considerations and signed legislation to fund a multi-year bridge repair
other factors can ever be eliminated from the decision- program with a new toll on large commercial trucks and
making calculus, AASHTOs Wright noted. a combination of borrowing and refinancing.6

THE COUNCIL OF STATE GOVERNMENTS 3


Transparency and Accountability point his small state of Connecticut had 13 MPOs
Performance management also allows transportation serving a population of only about 3 million and most
agencies to be transparent and accountable when it of them were too small to be able to carry out the
comes to how decisions are made not only as far as tasks assigned to them.
which projects to undertake but which measures to Many agencies are still under-resourced in order
focus on. to collect and analyze data and to use it effectively in
Youve got to set targets and youre going to have to the decision-making process, Frankel said. So the one
explain why youre not setting an aggressive target for thing that seems clear to me is with the goal of having
safety but you are for bridge conditions, said FHWAs better relations between MPOs and DOTs, we need to
Waidelich. I think its going to transform the way look at the fundamentals of those agencies and make
departments of transportation and MPOs actually com- sure that as they cooperate that they are adequately
municate to the public and actually get ahead of this resourced and sized to carry out the tasks that they
data and information as those decisions are being made. need to.
Many believe that transparency and accountability Ultimately though, cooperation simply makes sense
can be important in convincing the public that trans- because of how the public views the transportation
portation dollars are being spent well. system.
What weve been dealing with increasingly, I think, Our constituency, our users, our customers dont
over the last 15 or 20 years if not longer has been dis- really know whether its a city street, a county road or
trust of experts, anger at government, said Enos a (state) highway, said Patterson of the Oklahoma
Frankel. We have to do the best we can in terms of Department of Transportation. They just want good
making sure the decision-making process is as analyt- transportation. And we have to band together to make
ically sound as possible, as defensible, as accountable, that happen.8
but ultimately were dealing in an environment in
which Im more concerned about the radio talk show
people who just pan everything thats done in order
Performance Measures and Priorities
to get listeners.7 With MAP-21, Congress set in motion a path toward
performance measurement that not only tackles mea-
sures that are easy for states to get their heads around
Working Together: State Departments of such as safety and the condition of roads and bridges,
Transportation and MPOs but also more complex concepts potentially fraught
As already noted, one element critical to the success with challenges such as congestion mitigation and air
of implementing performance management is coop- quality.
eration between transportation stakeholders. State Safety is quantifiable, said Enos Frankel. You can
departments of transportation in many cases already set targets. Its much, much more difficult obviously
have been able to strengthen their relationships with when you start talking about congestion management
metropolitan planning organizations in particular to or (whether) a transportation investment or set of
forge improved planning processes. But challenges investments (is) contributing to economic growth.
remain. Once states start measuring things, they must also
There are different relationships between MPOs decide which things they want to seek to improve,
and states all across the country. There are no two MPOs said AASHTOs Wright.
that are the same. All the states are different, said How do you prioritize safety versus pavement
Todd Lang of the Baltimore Metropolitan Council. performance versus bridge condition versus congestion
This is an opportunity for us all to be on the same relief? he said. Safety is one of the more unique ones
language, talking about the same topics. (But) I think in a way (because) its not just investment decisions
its going to be a challenge because its an evolving that are going to make a difference. There are legislative
relationship. decisions. There are other sorts of educational decisions
Bud Wright of AASHTO said many state DOTs have that can be made within a state to affect that.
come to a realization that a contentious relationship Transportation experts say for the most part Congress
no longer makes much sense in an age when coordina- got things right in the measures and goals they chose
tion is needed to achieve common goals. to highlight in the MAP-21 legislation. But it was just
Its not us versus them any longer, Wright said. I a first step and more will need to be done in the future
think there is much more of a recognition that MPOs to clarify which national goals are of highest priority
and state DOTs working together is the model thats and to expand the universe of measures as new data and
going to yield success and were seeing much more of measurement tools become available.
that. We can point to many successful relationships I think (Congress) hit the right themes, said
around the country where there is that conversation AASHTOs Wright. I think they have taken the right
and where there is shared responsibility and account- steps forward. Do I think that the things were measur-
ability for decision making and it works. ing today or will be measuring soon are the things well
But state and local transportation agencies continue be measuring 20 years from now? No. I think all of us
to face challenges. Enos Frankel noted that at one recognize that this is a system that has to evolve.

4 THE COUNCIL OF STATE GOVERNMENTS


Wright also noted that there has been impatience most recent in 2015.11 The Gray Notebook also has
in some quarters that Congress did not go far enough, won numerous awards for its approach to government
that not enough is being measured and particularly that performance reporting.
there are few penalties in place if states fail to meet But Daniela Bremmer, who heads WSDOTs Division
their targets. of Strategic Assessment and Performance Analysis,
(But) I dont think any of that would be productive said the way data is presented must constantly evolve.
and it could end up being extremely counterproduc- You cannot just create a dashboard or create a
tive, said Wright. So I would say more or less yes, performance report and be good, she said. You might
they did get it right. But I would also say that Id be be good for a year or two and then you have a new
shocked if were not evolving to much more sophisti- legislative makeup or you might have a change in the
cated measures as we go forward. governors office or you might have a change in your
Enos Frankel agreed that for Congress to have over- audiences or priorities or something really bad happens
reached in MAP-21 would have been counterproductive like a natural disaster and all of a sudden theyre saying
but he said as performance management evolves there no, we want this kind of information and this is how we
will eventually need to be consequences. want it.12
If were really going to have accountability as a
part of performance management, I think states and Trump Administration and
localities have to be accountable, he said. There
have to be consequences, whether it comes in the form Performance Management
of rewards for good performance, achieving or surpass- So what does a change in administrations mean for per-
ing targets or loss of funds if targets that have been formance management? Most say it appears likely that
established at the state and metropolitan level have implementation plans will continue to move forward
not been achieved. So over time I hope we will move with Republicans in charge of both the White House
towards a truly accountable system where there are and Congress.
consequences for not achieving the targets that have I think the reality is it transcends administrations,
been established by state agencies and MPOs said FHWAs Waidelich. This has been coming for a
themselves. long time. (MAP-21) came from a Republican Con-
But it may be increasingly challenging for the powers gress. My sense is there may be different thoughts
that be in Washington to carry a big stick on perfor- about itmaybe how to implement itcoming down
mance for one very important reason. the line but as far as a general direction that were
The proportion of the total investment thats headed, I think Im not putting the brakes on at this
happening in transportation in this country that comes point and Im not sure anybody else is. I dont think
from the federal government is declining, not increas- theres reason to worry about that.
ing, said Wright. So any scenario that suggests that Others have more concern however.
the federal government exerts influence over 100 per- I think that theres some reason to fear that this
cent of what goes on in state and local areas, to me, is administration will come in with different ideas, among
misguided.9 them flexibility to state departments of transportation
and MPOs with their funding, said AASHTOs Wright.
Using Performance Management
to Tell the Story
For transportation agencies, performance measure-
ment can be an important tool in shaping the narrative
64
about transportation investment and decision-making. WSDOTs quarterly performance report on transportation systems, programs, and department management

To access this report, click on


Quarter ending December 31, 2016 Published February 2017 Roger Millar, Secretary of Transportation, PE AICP

Communicating to the public and to legislators


and to others what youre able to do and what youre
Always on
our minds the text link, the thumbnail,
not able to do given the resources that are available
the URL (below) or visit the
WSDOT working hard

I think controlling that narrative from the beginning


to promote safe and
healthy habits among
its employees
is an important element in all of this, Wright said.10 p. 12
Washington State Department
The Washington State Department of Transportation, Driving toward of Transportation website.
or WSDOT, has made a name for itself in performance a smoother ride
WSDOT continues efforts
measurement with The Gray Notebook, a quarterly to preserve and maintain
pavement statewide
p. 13

performance and accountability report that was first Making tracks The Council of State Governments (CSG) makes
produced in 2001. The publication tracks transporta- across the state
WSDOTs freight rail
no claim as to involvement in the content or
production of the report and provides a link to the
tion projects both successful and unsuccessful and program definitely
pulling its weight
p. 32 report only as a service to readers interested in
trends in statewide transportation policy goals such
Strategic Goal: XXX GNB Edition 59 September 30, 2015 | 1

state government performance measurement.


as safety, preservation, congestion relief, environment,
Washington state DOT
and economic vitality and stewardship. State trans-
https://www.wsdot.wa.gov/Accountability/GrayNotebook/navigateGNB.htm
portation officials say the transparency has allowed
them to justify three gas tax increases over the years, the

THE COUNCIL OF STATE GOVERNMENTS 5


Wright said his organization will seek to articulate I am hopeful that performance management and all
the importance of performance management to the new thats involved in itgreater use of data, stronger ana-
administration should its worth be challenged. lytical tools, better cooperation between the agencies
We want to ensure accountability for all funds, in- will lead to what we need in terms of these investments
cluding federal dollars, and as long as theres going to really comprehensive, strategic programs where
be a federal program, I dont think that theres any investments are prioritized and targeted and resources
better way to ensure accountability for the use of those are targeted on the most important and beneficial
dollars than through performance management sys- projects, said Enos Frankel.14
tems, he said.13
RESOURCES
Future of Performance Management 1
National goals and performance management. Title 23-Highways. U.S. Code. Chapter
1-Federal-Aid Highways. Accessed from: http://uscode.house.gov/view.
Many believe the future is bright for performance man- xhtml?req=granuleid:USC-prelim-title23-section150&num=0&edition=prelim#sourcecre
agement but MAP-21 and the rulemakings on transpor- dit.
tation measures were only the start. States and MPOs 2
Federal Highway Administration. FHWA Publishes Performance Management Final
are likely to add their own priorities and their own Rules Required by MAP-21. Accessed from: https://www.fhwa.dot.gov/tpm/rule.cfm.
measures to the process in the years ahead. 3
Transportation Research Board Annual Meeting. Workshop 151: Welcome to the New
But transportation agencies face challenges in devel- Performance Management Paradigm. Jan. 8, 2017.
oping the data, resources and tools that can make per- 4
Ibid.
formance management effective. Xenophontos of the 5
Ibid.
Rhode Island Department of Transportation noted that 6
Ted Nesi, Steph Machado and Perry Russom. Raimondo signs RI truck tolls plan into
on data, the issues that will need to be resolved include law, WPRI.com. Feb. 11, 2016. Accessed from: http://wpri.com/2016/02/11/
truck-tolls-clear-ri-senate-heading-to-gov/.
who is responsible for collecting it and how long it 7
Transportation Research Board Annual Meeting.
will be stored. On resources, two primary concerns will 8
Ibid.
be how to build institutional capacity at state DOTs
9
Ibid.
and other agencies and how to pay for data collection
when no dedicated funding exists for performance man-
10
Ibid.
agement. Xenophontos also said better data analysis Washington State Department of Transportation. The Gray Notebook. November 2016.
11

Accessed from: http://wsdot.wa.gov/publications/fulltext/graynotebook/Sep16.pdf.


tools will be needed to make sure that state DOTs are 12
Transportation Research Board Annual Meeting.
better equipped to predict future conditions based on 13
Ibid.
current and past conditions reflected in the data.
14
Ibid.
We know that performance management works, but
it is also a process of continuous improvement so you
are never really done with performance management, Sean Slone, Director, CSG Transportation and Infrastructure Policy,
sslone@csg.org
he said. So past MAP-21, we see this as a continuous
journey of getting better and better every day.
And many are convinced that performance manage-
ment ultimately will help agencies make the case to
policymakers and the public about the soundness of
their investment decisions and the need for additional
transportation funding in the future.

6 THE COUNCIL OF STATE GOVERNMENTS

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